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dad moved no support .noinsurance, Indiana

02-02-2007, 12:39 PM

okay heres my problem dad moved to another state .he is court ordered to pay childsupport and provide insurance neither which he has done since he moved 6 months ago. now i have soul legal and physicai custody of our two children however he is supposed to have them the normal vistiation of the every other weekend and on their vac.my kids have seen their dad maybe twice since he moved not counting christmas when his sister took the kids to visit him when she went up there.now he thinks i should let the kids go up there ontheir spring break now i look at it this way letting them go up there is to easy it gives him an excuse not to come down here and see them. and did i mention he moves in and out girlfriends like he changes his socks. plus he is pressuring my 11-year old to move down with him when he turns 12. can i get some kind of judge involved when it comes to decide about that .please help let me know my rights.

okay heres my problem dad moved to another state .he is court ordered to pay childsupport and provide insurance neither which he has done since he moved 6 months ago. now i have soul legal and physicai custody of our two children however he is supposed to have them the normal vistiation of the every other weekend and on their vac.my kids have seen their dad maybe twice since he moved not counting christmas when his sister took the kids to visit him when she went up there.now he thinks i should let the kids go up there ontheir spring break now i look at it this way letting them go up there is to easy it gives him an excuse not to come down here and see them. and did i mention he moves in and out girlfriends like he changes his socks. plus he is pressuring my 11-year old to move down with him when he turns 12. can i get some kind of judge involved when it comes to decide about that .please help let me know my rights.

When you say that he is supposed to have them every other weekend and on their vac are you saying it is court ordered that way on the time sharing plan? If it is, then you must let him have them for that time or he can file for contempt. However, if he does not live in the same state then you can deny it based on you don't want your kids out of state. You are fine. Just tell him no. The time sharing plan was your state in your states court jusisdiction. If he wants interstate time sharing it will have to me modified.
You hold all the Aces when the NCP moves. The fact that he has not paid child support had nothing to do with visitation is all but I think 2 states. I am no expert, seek legal advise. Just make sure you have all you custody papers ready. As far as the the moving in with him when he is 12 if you don't agree then he will have to file for a custody modification and in order to do that there must be a change in circumstance that would guess him as the better custodal parent. Just don't see that happening, again you hold all the ACES He might be able to file for a custody change if you 12 year old wants desperatly to move in with him. Difficult to say some courts alow the child some say but still it is not absolute. He is going to have to be stable he must have a residence in his name would be I think important.
Good luck

Comment

ok- first of all, you have to do what the court order says and if it doesn't specifically say he can't take them out of state, then he can. If there is nothing about crossing state lines in your order, you must let them go. They do not have to stay in the jurisdiction at all times. That would mean you couldn't take them to the next county to go to dinner. INSANE. If transportation is not addressed, he will need to pick them up and bring them back. Is he court ordered to have them this spring break? If not, then it doesn't matter if he says "well, i haven't had my weekends so I get this week" you don't have to send them. If he does have them for SB this year, you will need to file for modification in order to keep them in the state. You will need to be able to prove he is UNFIT to take them out of state or a flight risk. Him having a girlfriend or whatever won't cut it. As for CS, go to the CSE agency in your county and open a case, they will then work on garnishing his wages, etc. Your child cannot move there when he is 12, 14, 16, 17.9999999 unless you or a judge say it is ok. The only state that allows a child to choose is GA and that is age 14. A judge may listen to a child's wishes and reasoning, but it still has to be proven to be in the child's best interest.
I cannot stress this enough- you must follow the court order!!!!!! until it is modified. Judges do not like there court orders ignored and it will look very bad on you.

Comment

I am 99.9% sure that is what the father is/should be getting... This would not be his year for spring break technically, however you could look bad if he can show he went to court and said although he hadn't seen the children much you denied spring break. Secondly, if it has to go to court to change in essence what the guidelines already say, the judge would not be happy so you need to look at the section that pertains to distance.

Comment

"However, if he does not live in the same state then you can deny it based on you don't want your kids out of state."

THIS IS NOT TRUE!!!!!! unless there is a court order stating that he cannot take them out of state, he can.

I am sorry I though it was Michigan that I read you were from not Indiana.

I was basing my asumptions on the 100 mile rule that Michigan has It reads as follows:

(1) A child whose parental custody is governed by court order has, for the

purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued.

Please don't take any of my advise as law. Further more other then what the laws per state are set Courts also adopt additonal rules. For example my court jusisdiction addopted this rule :

X. MOVING: Upon either parent learning that he or she will be moving, he or she shall immediately notify the other parent and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children. The parents shall attempt in good faith to renegotiate an appropriate and beneficial new companionship schedule. If they are unable to do so, the non-residential parent shall, at a minimum, enjoy the existing companionship schedule. The moving party shall bear any added expense and responsibility of transportation until a court order modifying visitation is entered. In the event the residential parent learns or determines that he or she will be moving, he or she shall file a notice of intent to relocate with this Court, and this Court shall send a copy of the notice to the non-residential parent.

There are many other (one may assume) Wacky rules. I am still trying to find it but, I just read before I posted that a Custodal parent must give written permission for the non-custodal parent to remove the state for more then XXXX hours. I am sure it's not a law but just an adoption for a court. Further more, Google other court rules for when a Non-residential / Non-Custodal parent does not have a private residence. For example this case were he is staying with a girlfriend unmarried with you kids. My appoligies.

Comment

I am sorry I though it was Michigan that I read you were from not Indiana.

I was basing my asumptions on the 100 mile rule that Michigan has It reads as follows:

(1) A child whose parental custody is governed by court order has, for the

purposes of this section, a legal residence with each parent. Except as otherwise provided in this section, a parent of a child whose custody is governed by court order shall not change a legal residence of the child to a location that is more than 100 miles from the child’s legal residence at the time of the commencement of the action in which the order is issued.

Please don't take any of my advise as law. Further more other then what the laws per state are set Courts also adopt additonal rules. For example my court jusisdiction addopted this rule :

X. MOVING: Upon either parent learning that he or she will be moving, he or she shall immediately notify the other parent and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children. The parents shall attempt in good faith to renegotiate an appropriate and beneficial new companionship schedule. If they are unable to do so, the non-residential parent shall, at a minimum, enjoy the existing companionship schedule. The moving party shall bear any added expense and responsibility of transportation until a court order modifying visitation is entered. In the event the residential parent learns or determines that he or she will be moving, he or she shall file a notice of intent to relocate with this Court, and this Court shall send a copy of the notice to the non-residential parent.

There are many other (one may assume) Wacky rules. I am still trying to find it but, I just read before I posted that a Custodal parent must give written permission for the non-custodal parent to remove the state for more then XXXX hours. I am sure it's not a law but just an adoption for a court. Further more, Google other court rules for when a Non-residential / Non-Custodal parent does not have a private residence. For example this case were he is staying with a girlfriend unmarried with you kids. My appoligies.

This means that a parent may not move the CHILD'S residence. It has nothing to do with whether or not a parent may exercise visitation out of state. As you have been told, unless it is specifically stated WHERE visitaiton may take place (as it is in my order) or that the parent may not take the child out of state without express permission of the other parent and/or court, there is nothing to stop the NCP from exercising visitaiton out of state. The CP has no legal grounds to deny visitation until there is a modification of the standing order.

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